19-1604 ORDINANCE NO. 19-1604
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, A TEXAS
HOME-RULE MUNICIPAL CORPORATION, AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT WITH ASG HARVEST HILL, LTD., A TEXAS LIMITED
LIABILITY COMPANY, FOR THE CITY'S PARTICIPATION IN THE OVERSIZING OF
WATER MAINS FOR THE CITY OF DENTON; PROVIDING FOR THE EXPENDITURE OF
FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (AWARDED TO ASG
HARVEST HILL, LTD. IN THE NOT TO EXCEED AMOUNT OF $20,311.00).
WHEREAS, the City desires to participate in the cost of oversizing the water main to be
designed, installed, and constructed by the owner of the real property, ASG Harvest Hill, Ltd. in
an amount not to exceed Twenty Thousand Three Hundred and Eleven Dollars ($20,311.00), in
accordance with the provisions of Section 35.21.9 of the Denton Development Code, as amended,
and Texas Local Government Code §212.072;NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager is authorized to execute a"Water Main Cost Participation
Agreement" between the City of Denton, Texas and ASG Harvest Hill, Ltd., for the City's
participation in the oversizing of approximately 685 linear feet of twelve-inch (12") water mains,
substantially in the form of the attached Agreement, which is incorporated herewith and made a
part of this ordinance for all purposes; subject, however, to ASG Harvest Hill, Ltd entering into a
Development Contract with the City of Denton, in accordance with Section 35.16.20.13 of the
Denton Development Code, as amended, of the City of Denton, Texas.
SECTION 2. The City Manager is hereby authorized to make the expenditures as set forth
in the attached Agreement.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval. A l
The motion to approve this ordinance was made by `TQ n k dx and seconded
by ,�C-�--;e,Dai'j5 , the ordinance W9 passed and approved by the
following vote L�7 - 61 1:
Aye Nay Abstain Absent
Mayor Chris Watts:
Gerard Hudspeth, District 1:
Keely G. Briggs, District 2:
Jesse Davis, District 3: '/
John Ryan, District 4: V
Deb Armintor, At Large Place 5: V
Paul Meltzer, At Large Place 6: y
PASSED AND APPROVED this the Wk day of ( 12019.
CHRIS WATTS, MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY �%�q"Qbs$°efp�j,
40 �c t7jy
BY:
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
BY:
THE STATE OF TEXAS §
COUNTY OF DENTON §
WATER MAIN COST PARTICIPATION AGREEMENT
BETWEEN THE CITY OF DENTON
AND ASG HARVEST BILL,LTD.
WHEREAS,ASG Harvest Hill,Ltd.,hereinafter referred to as"ASG,"whose business
address is 2220 Coit Road,Suite 360,Plano,TX 75075,wishes to develop and improve certain
real property (as shown in Exhibit A, attached hereto, the"Property'l, located in the City of
Denton,Texas or its extraterritorial jurisdiction; and is required to provide such real property
with adequate distribution capacity by designing,constructing, and installing a water line of a
nominal diameter ofjigU inches 00,hereinafter referred to as the"Required Facilities;"and
WHEREAS, the City of Denton, a Texas Home-Rule Municipal Corporation with its
offices located at 215 East McKinney Street,Denton,Texas 76201,hereafler referred to as the
"City,"in accordance with its ordinances, wishes to participate in the cost of the construction
and installation of said water main to provide for an"oversized"water main to expand its utility
system and insure adequate utility service to other customers;
NOW,THEREFORE,in consideration of the mutual promises and covenants contained
herein ASG and the City do hereby AGREE as follows:
1. Developer shall design, install, and construct, approximately 685 linear feet of
twelve inch (JZ water distribution line, and all necessary appurtenances thereto, hereafter
referred to as the "Oversized Facilities" as shown on Exhibit B, attached hereto and
incorporated herein by reference.
2 This Agreement is subject to and governed by the Denton Development Code and
any other applicable ordinances of the City of Denton.
3. ASG shall obtain,at ASO's sole cost and expense,all necessary permits, licenses,
and easements. The easements, deeds, and plats therefor obtained by ASG shall be reviewed
and approved as to form and substance by City.If ASG is unable to acquire needed easements,
ASG shall provide City with any requested documentation of efforts to obtain such easements,
including evidence of negotiations and reasonable offers made to the affected property owners.
Any easements for the Oversized Facilities obtained by ASG shall be assigned to City, if not
taken in City's name, prior to acceptance of the Oversized Facilities, and ASG warrants clear
title to such easements and will defend City against any adverse claim made against such title.
4. City's share in the cost of the Oversized Facilities is based upon the difference
in the cost of installing Required Facilities,as determined by City,and the cost of the Oversized
Facilities,as determined by City,shall be in an amount not to exceed at s'ttJY �ssand Tt�ree
Hundred Dollars(520 all W,the maximum participation cost allowed herein.
5. The Director of Water Utilities or his designee shall determine the appropriate
level of cost participation by the City based upon the incremental cost between ASO's Required
Facilities and the City's requested Oversized Facilities. This cost determination
shall be based upon recent bids for similar facilities and/or cost estimates prepared by the City's
engineering staff. If the City cannot justify the costs involved in any such contract where City
funds or pro-rata repayment is involved,the City shall have the option and right to submit the
proposal for sealed bids, and ASG shall pay its proportionate share of the acceptable low bid.
Final approval of all oversize participation agreements between the City and ASG shall come
from the City Council after recommendation from the Public Utilities Board unless the
participation amount is less than the expenditure level authorized by the City Manager.
6. The City shall not,in any case,be liable for any additional cost because of delays
in beginning,continuing,or completing construction;changes in the price or cost of materials,
supplies,or labor;unforeseen or unanticipated cost because of topography,soil,subsurface,or
other site conditions;differences in the calculated and actual per linear feet of pipe or materials
needed for the Oversized Facilities;ASG's decision as to the contractors or subcontractors used
to perform the work; or any other reason or cause, specified or unspecified, relating to the
construction of the Oversized Facilities.
7. Final payment to ASG for oversize participation by the City shall occur within
sixty(60)days of the City's final acceptance of the installed Oversized Facilities.
& To determine the actual cost of the Oversized Facilities,City shall have the right
to inspect any and all records of ASG, its agents, employees, contractors, or subcontractors,
and shall have the right to require ASG to submit any necessary information, documents,
invoices, receipts,or other records to verify the actual cost of the Oversized Facilities.
9. All,notices, payments, or communications to be given or made pursuant to this
Agreement by the parties hereto,shall be sent to ASG at the business address given above and
to the Assistant City Manager for City at the address given above.
lU ASG shall indemnify and hold City harmless from any and all claims,damages,
loss, or liability of any kind whatsoever, by reason of injury to property or person occasioned
by any act or omission, neglect, or wrongdoing of ASG, its officers, agents, employees,
invitees, contractors, or other persons with regard to the performance of this Agreement; and
ASG shall,at its own cost and expense,defend and protect City against any and all such claims
and demands.
it. This instrument embodies the entire agreement of the parties hereto and there
are no promises, terms, conditions, or obligations other than those contained or incorporated
herein. This Agreement shall supersede all previous communications, representations, or
agreements, whether verbal or written, between the parties hereto with respect to the subject
matter of this Agreement.
12 This Agreement shall not be assigned by ASG without the express written consent
of the City.
13. Any and all suits for any breach of this Agreement, or any other suit pertaining
to or arising out of this Agreement, shall be brought in a court of competent jurisdiction in
Denton County,Texas.This Agreement shall be governed by and construed in accordance
with the laws of the State of Texas.
2
EXECUTED in duplicate original counterparts by the undersigned duly-authorized
oilie.ials and o#Beers of the City and ASG Harvest Hill, Ltd., on this the day of
2019.
Ur
CITY OF DENTON,TEXAS
A Texas Municipal Iration
By:
T D HiLEMAN,CITY MANAGER
ATTEST: , RSCtI1IMR�,
r�� � �By: A�
THIS AGREEMENT HAS BEEN
BOTH REVIEWED AND APPROVED
as to financial and operational sr
obligations and h ess
Signatur
tiA.R
Ti tl
2
Department `A
Date Signed: _-1,_q__
—
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
By:
3
ASG HARVEST HILL,LTD.,
a Texas limited partnership
By: ASG Real Estate Company,
a Texas corporation
Its: General N
3y:_ r ,
Name: 3a lankims
Ttic: Sr. Vi c President
Date Signe
STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acknowledged before me on the Aday of fA ,+1019, by
James I lankins,the Sr. Vice President of ASG 1 cal Estate Co,on behalf of said Texhs
Cor np ration.
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Sli[ILA HILBURN Nota blit,in and far the State of Texas
}Wary n 117@57(#x3
My Com missia n Expo res
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SeS �T"tii030.2021
4
Intersbte Pipeline UtlNty Cmmtnwgon
P.O.Box 152957
Dallas,TX 75315
PIF:(214)296-9744
Date: 4/1S/2018
To: ASG Harvest Hill,Ltd.
2220 COIT RD STE 360
PLANO,TX 75075
Project: Harvest Hill Water Plan 4 of 4
Location: Denton
Interstate Pipeline Is pleased to provide a quote for the above referenced projed.Please review the folowing bid Hems
and associated costs.This quote Is based on plans provided by: Enginnering Concepts&Design,L.P.
BID REAM ITEM DESCRIPTION aTY Uof1A UNIT PRICE EXTENDED PRICE
1 12"DR18 685 LF $45.50 $31,167.50
2 12"Gate Valve 2 EA $2,455.00 $4,910.00
3 12'x 6"Tee 4 EA $721.00 $2,884.00
4 12"Plug 3 EA $542.00 $1,626.00
5 Pressure test 685 LF $1.00 $685.00
6 Trench Safety 685 LF $1.10 $753.50
7 Open cut streets 204 SF $30.50 $6,222.00
6 Remove Plug and conned 2 ea $815.00 $1,630.00
9 Concrete Cap for Gas Crossing 1 ea $5,600.00 $5,600.00
10 2'Blow off 1 Ea $2,050.00 $2,050.00
11 8"gate valves 1 0 $1,350.00 $1,350.00
SUB-TOTAL $58,878.00
21 8"DRIB 685 LF $18.50 $12,672,50
22 8"Gate Valve 5 EA $1,350.00 $6,750.00
23 8"Tee 4 EA $350.00 $1,400.00
24 V.plugs 2 EA $402.00 $804.00
25 Trench Safety 685 LF $1.10 $753.50
26 Pressure Test 685 LF $1.00 $685.00
27 Open cut streets 204 SF $30.50 $6,222.00
28 Remove Plug and Conned 2 Ea $815.00 $1,630.00
29 Concrete Cap for Gas Crossing 1 as $5,800.00 $5,600.00
30 2"Blow off 1 Ea $2,050.00 $2,050.00
SUB-TOTAL $38,567.00
PROVISIONS:
1.Erosion control for stage one inlet protection pnkN bottoms only)is included and all other
erosion control and maintenance by others.
2.AN underground udlity conflicts to be relocated by others.
3.Proposal based on utility work being Installed prior to any new gas,electric,cable or other
utilities.
4.Proposal based on dirt contractor cutting the parkway to final grade from ROW to ROW,glvkrg us a place to lose
the majority of the utAHy spoils.
5.Exclusions:
a.Tree Protection Lind Gearing h.Additional Mobilization
b.Landscaping and Sprinklers I. Lab Cost end Water Meters
m Traffic Control j. Payment,Performance,&Maintenance Bond
d.Seeding,Sodding and Hydromulching k.Sidewalk and Driveway Removal and Replacement
e.DensHy and Soils Testing I. Grade to Drain
L Inspection Fees and Permits
g.Construction Staking,Layout and Surveying
6.Roadway sub-grade must be+/_0.20 of a fool prior to construction and will be returned to like
condition upon completion.
7.Balance of the utility spolls will be spread on adjacent lots next to the ditch.Any transport of surplus excavation
will be by others.
8.Wherever Necessary,Utility Work To Be Dorm Under General Contractor's Plumbing or Fire Sprinkler Licenue.
9.Paving contractor to install and woe manhole grade adjuonent rings.
Signed:
Name: Jason J.Danlels
Title: President
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